How do I make a lasting power of attorney?

What powers does a lasting power of attorney have?

A lasting power of attorney (LPA) allows you to appoint one or more people you trust to make certain decisions for you if you find yourself unable to do so. This could include decisions about health and welfare, property and financial matters.

Appointing a lasting power of attorney is a big commitment and responsibility, for both you (the donor) and those you appoint (the attorneys), so it is vital to choose someone you trust to act in your best interest, whether that is a loved one or a professional.

Before you finalise any lasting power of attorney, the attorney(s) you appoint should be prepared in advance so they know your wishes and know what choices you would want them to make. These can be formally recorded in the lasting power of attorney document to ensure your instructions are clear and evidenced.

It should also be made clear at this point when they become responsible for making decisions on your behalf. If your LPA covers property and financial affairs, they can make decisions on these affairs as soon as the LPA is registered, with your permission. If the LPA covers health and welfare decisions, they can only make decisions about your health and care when you no longer have the mental capacity to do this yourself.

Once the lasting power of attorney takes effect, there are rules the attorney(s) must follow. They can never let anyone else use their power to make decisions or put themselves in a position to benefit from being a lasting power of attorney, and they must make sure that the LPA has been registered officially before acting in that capacity.

At all times, an attorney must also:

• follow any preferences and instructions (known as ‘restrictions and conditions’) you (the donor) included in the LPA
• act in your best interests and help you make your own decisions where possible
• keep your money and property separate from their own (unless you already share bank account)
• respect your confidentiality
• let the donor and the Office of the Public Guardian (OPG) know if they no longer wish to act as an attorney
• give OPG information about how the LPA is being used, if asked
• keep records of the actions they have taken using the lasting power of attorney

Some people who require a lasting power of attorney feel safer choosing multiple people to act on their behalf so there is not just one person in control. This means the responsibility can be shared and the doner can decide whether they want an agreement from all attorneys before any action is taken (jointly), or if they are happy for decisions can be made by an individual attorney (severally).

It can also be instructed by the doner that some decisions can be made severally and other need to be made jointly, such as big decisions like selling a home. Having more than one person with lasting power of attorney can provide some peace of mind to the doner that there is more than one person making all decisions when they are not able to.

Why make a lasting power of attorney?

While many people consider making a lasting power of attorney to clarify their wishes and for the peace of mind of knowing there is someone they trust in charge of their affairs, there are many other benefits such as:

• Avoiding court action: Without a lasting power of attorney, loved ones may have to apply to the court of protection to make necessary decisions on your behalf which can be costly and time consuming.
• Financial protection: your lasting power of attorney ensures your finances are kept secure while you are incapacitated.
• Keeping control of your affairs: while a lasting power of attorney gives another person/other people the power to make choices for you, they are required to act according to the instructions and preferences you set out in your LPA.

Can a solicitor be a power of attorney?

Yes, a solicitor can be a power of attorney, and some consider this the smarter option as opposed to a loved one. This is because experienced solicitors are well versed in handling financial matters, and health and welfare matters, meaning that they will often be able to manage any complex situations confidently and swiftly.

Solicitors may also be a better alternative to a loved one as a lasting power of attorney because of the time demands. Acting as a power of attorney can be a substantial time commitment, and it can be difficult for family members to ensure they are available when needed.

What’s more, family members or other loved ones are much more likely to have a conflict of interest and – while you can ensure any power of attorney is duty bound to follow your instruction – it can be reassuring to have the representation of a legal professional removed from any family circumstances.

Choosing a professional lasting power of attorney also means that they are regulated, for solicitors this is the Solicitors Regulation Authority , and that you are protected should there be any issues or misconduct.

How much will a solicitor charge for power of attorney?

During your no-obligation consultation with our specialist lasting power of attorney solicitors, you will be given an estimate that is specific to your situation. It is not a set price as it will vary based on factors such as complexity of the case or the length of time they may be required.

Our team will always be upfront about costs so you can move forward with confidence and will not be surprised with fees at what can be a sensitive time.

How to apply for a lasting power of attorney

If you are considering making a lasting power of attorney, you may be worried about the implications or unsure of how to ensure your wishes are set out and followed properly.

It is strongly advised that you speak to a specialist, experienced lasting power of attorney solicitor before you proceed. Our legal experts can not only help you to establish a lasting power of attorney and explain the responsibilities they will have, but they can also provide tailored advice on how to make your LPA work for you.

For more information on how our specialist solicitors can help, simply call us on 0330 041 5869 or contact us online here.